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FITCH GROUP, INC. TERMS OF USE


Version 1.0 - May 25, 2018

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    FITCH RATINGS -- TERMS OF USE

    Related Policies:

    Fitch Group, Inc. Privacy Policy (“Privacy Policy”)

    Fitch Group, Inc. Cookie Policy (“Cookie Policy”)

    The use of this website and all mobile applications (each a "Property" and together the "Properties") maintained by Fitch Ratings, Inc. and its affiliates is subject to the terms and conditions set forth below. As a result, use of such Properties constitutes the agreement by the user (“You” or “User”) to abide by the following terms and conditions:

    The information provided by Fitch Ratings, Inc. and its affiliates (together, “we”, “us”, “our” or “Fitch”) on these Properties is owned by or licensed to Fitch (the "Fitch Information").

    NONE OF THE FITCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT FITCH'S PRIOR WRITTEN CONSENT.

    In issuing and maintaining its ratings, Fitch relies on factual information it receives from issuers and underwriters and from other sources Fitch believes to be credible. Fitch conducts a reasonable investigation of the factual information relied upon by it in accordance with its ratings methodology, and obtains reasonable verification of that information from independent sources, to the extent such sources are available for a given security or in a given jurisdiction.

    The manner of Fitch's factual investigation and the scope of the third-party verification it obtains will vary depending on the nature of the rated security and its issuer, the requirements and practices in the jurisdiction in which the rated security is offered and sold and/or the issuer is located, the availability and nature of relevant public information, access to the management of the issuer and its advisers, the availability of pre-existing third-party verifications such as audit reports, agreed-upon procedures letters, appraisals, actuarial reports, engineering reports, legal opinions and other reports provided by third parties, the availability of independent and competent third-party verification sources with respect to the particular security or in the particular jurisdiction of the issuer, and a variety of other factors.

    Users of Fitch's ratings should understand that neither an enhanced factual investigation nor any third-party verification can ensure that all of the information Fitch relies on in connection with a rating will be accurate and complete. Ultimately, the issuer and its advisers are responsible for the accuracy of the information they provide to Fitch and to the market in offering documents and other reports. In issuing its ratings Fitch must rely on the work of experts, including independent auditors with respect to financial statements and attorneys with respect to legal and tax matters. Further, ratings are inherently forward-looking and embody assumptions and predictions about future events that by their nature cannot be verified as facts. As a result, despite any verification of current facts, ratings can be affected by future events or conditions that were not anticipated at the time a rating was issued or affirmed.

    Fitch seeks to continuously improve its ratings criteria and methodologies, and periodically updates the descriptions of its criteria and methodologies for securities of a given type on the Properties. The criteria and methodology used to determine a rating action are those in effect at the time the rating action is taken, which is the date of the related rating action commentary. Each rating action commentary provides information about the criteria and methodology used to arrive at the stated rating, which may differ from the general criteria and methodology for the applicable security type posted on this site at a given time. For this reason, you should always consult the applicable rating action commentary for the most accurate information on the basis of any given rating.

    CUSIP Database Representations. (a) You agree and acknowledge that the CUSIP Database is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agree that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief. (b) You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal internal processing of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP descriptions or numbers for any other third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, ELECTRONIC and/or CD-ROM SERVICES. (c) NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. (d) You agree that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

    THE INFORMATION PROVIDED ON EACH PROPERTY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND FITCH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. Under no circumstances shall Fitch. have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error or other circumstance or contingency within or outside the control of Fitch or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, editing, transcription, transmission, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory, or incidental damages whatsoever (including without limitation, lost profits) with respect to the foregoing.

    Each user of a Property acknowledges that a Fitch rating is an opinion as to the creditworthiness of a security. This opinion is based on established criteria and methodologies that Fitch is continuously evaluating and updating. Therefore, ratings are the collective work product of Fitch and no individual, or group of individuals, is solely responsible for a rating. The rating does not address the risk of loss due to risks other than credit risk, unless such risk is specifically mentioned. Fitch is not engaged in the offer or sale of any security. All Fitch reports have shared authorship. Individuals identified in a Fitch report were involved in, but are not solely responsible for, the opinions stated therein. The individuals are named for contact purposes only. A report providing a Fitch rating is neither a prospectus nor a substitute for the information assembled, verified and presented to investors by the issuer and its agents in connection with the sale of the securities. Ratings may be changed or withdrawn at any time for any reason in the sole discretion of Fitch. Fitch does not provide investment advice of any sort. Fitch is not responsible for any underwriting, credit, loan, purchase, strategic or investment decision. In issuing and/or maintaining a rating, Fitch is not making any recommendation or suggestion, directly or indirectly to you, or any other person, to buy, sell, make or hold any investment, loan or security or to undertake any investment strategy with respect to any investment, loan or security of any issuer. Ratings do not comment on the adequacy of market price, the suitability of any investment, loan or security for a particular investor (including, without limitation, any accounting and/or regulatory treatment), or the tax-exempt nature or taxability of payments made in respect to any investment, loan or security. ANY PERSON OR ENTITY WHO USES A RATING DOES SO ENTIRELY AT HIS, HER OR ITS OWN RISK. SHOULD ANY SUCH PERSON OR ENTITY BE ENTITLED TO RECOVER DAMAGES FROM FITCH UNDER ANY LEGAL THEORY, SUCH PERSON OR ENTITY AGREES, TO THE EXTENT PERMITTED BY LAW, THAT THE TOTAL LIABILITY OF FITCH IN CONNECTION WITH SUCH RATING IS LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED THREE TIMES THE NET FEES RECEIVED BY FITCH WITH RESPECT TO SUCH RATING. Fitch receives fees from issuers, insurers, guarantors, other obligors, and underwriters for rating securities. Such fees generally vary from US$1,000 to US$750,000 (or the applicable currency equivalent) per issue. In certain cases, Fitch will rate all or a number of issues issued by a particular issuer, or insured or guaranteed by a particular insurer or guarantor, for a single annual fee. Such fees are expected to vary from US$10,000 to US$1,500,000 (or the applicable currency equivalent). The assignment, publication, or dissemination of a rating by Fitch shall not constitute consent by Fitch to use its name as an expert in connection with any registration statement filed under the United States securities laws, the Financial Services and Markets Act of 2000 of Great Britain, or the securities laws of any particular jurisdiction. Due to the relative efficiency of electronic publishing and distribution, Fitch research may be available to electronic subscribers up to three days earlier than to print subscribers. Users may, through hypertext or other computer links, gain access to third party sites on the World Wide Web which contain information that is not part of the Fitch. Information or users of third party sites may, through hypertext or other computer links, gain access to this Fitch Property. The appearance of a Fitch hyperlink on a third party site does not mean that Fitch consented to such hyperlink. Users and third parties are prohibited from establishing hyperlinks to or away from this Property, unless Fitch provides prior written consent (which it may or may not provide in its sole discretion). The user agrees that regardless of whether a hyperlink to or from a third party website exists, Fitch is not responsible for the content of any third party websites either those third party sites accessed from a Property or those third party sites used to access this Property and Fitch shall have no liability to any person or entity therefore. Moreover, the user agrees (a) to hold Fitch harmless for the use of third party software on a Fitch Property and (b) that Fitch shall have no liability whatsoever to any person or entity for the accuracy and/or completeness of any outcome resulting from the use of such software.

    These Terms of Use are governed by the laws of the State of New York, USA, exclusive of its choice of law principles. Any controversy, claim or dispute arising out of or relating to these Terms of Use shall be settled solely and exclusively by individual binding arbitration in New York City, New York.  Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association.  Each party shall bear its own attorney’s fees and expenses.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive.  All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend the terms of these Terms of Use.  The arbitrator shall be required to follow applicable law.  You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.    
    IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.  You and Fitch (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms of Use shall be brought in the federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms of Use are performed in the State of New York and shall be governed by the laws of New York. You and Fitch both agree that no lawsuit dispute or any other legal proceeding  connected with these Terms of Use shall be brought or filed more than six months after the incident giving rise to the claim occurred.  PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Fitch will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    We will update these Terms of Use from time to time to reflect changes in our business practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version of these Terms of Use and indicate at the top of the Terms of Use when they were most recently updated. Your use of the Terms of Use will be governed by the then-current version of the Terms of Use.

    If there is any conflict between these Terms of Use and a specific contract between you and Fitch, then the terms of the specific contract shall prevail over the Terms of Use. To review a copy of the Fitch Privacy Policy, please see Privacy Policy.


    FITCH SOLUTIONS --TERMS OF USE

    Related Policies:

    Fitch Group, Inc. Privacy Policy (“Privacy Policy”)

    Fitch Group, Inc. Cookie Policy (“Cookie Policy”)

    The use of this website and all mobile applications (each a "Property" and together the "Properties") maintained by Fitch Solutions, Inc. or any Affiliate of Fitch Solutions (together, “we”, “us”, “our” or “Fitch”) is subject to both (i) the terms and conditions of any specific agreement between Fitch and the user (“You” or “User”) and (ii) the terms and conditions set forth below. In the event of a conflict between the terms of an agreement with the user and these terms of use, the terms and conditions of such agreement shall control.

    Use of the Properties constitutes the user's agreement to abide by the following terms and conditions:

    The information (including, but not limited to: ratings, research and models) provided by Fitch on these Properties is owned by or licensed to Fitch (the "Fitch Information").

    EXCEPT AS OTHERWISE PROVIDED PURSUANT TO AN AGREEMENT, NONE OF THE FITCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT FITCH'S PRIOR WRITTEN CONSENT.

    In issuing and maintaining its ratings, Fitch relies on factual information it receives from issuers and underwriters and from other sources Fitch believes to be credible. Fitch conducts a reasonable investigation of the factual information relied upon by it in accordance with its ratings methodology, and obtains reasonable verification of that information from independent sources, to the extent such sources are available for a given security or in a given jurisdiction.

    The manner of Fitch's factual investigation and the scope of the third-party verification it obtains will vary depending on the nature of the rated security and its issuer, the requirements and practices in the jurisdiction in which the rated security is offered and sold and/or the issuer is located, the availability and nature of relevant public information, access to the management of the issuer and its advisers, the availability of pre-existing third-party verifications such as audit reports, agreed-upon procedures letters, appraisals, actuarial reports, engineering reports, legal opinions and other reports provided by third parties, the availability of independent and competent third-party verification sources with respect to the particular security or in the particular jurisdiction of the issuer, and a variety of other factors.

    Users of Fitch's ratings should understand that neither an enhanced factual investigation nor any third-party verification can ensure that all of the information Fitch relies on in connection with a rating will be accurate and complete. Ultimately, the issuer and its advisers are responsible for the accuracy of the information they provide to Fitch and to the market in offering documents and other reports. In issuing its ratings Fitch must rely on the work of experts, including independent auditors with respect to financial statements and attorneys with respect to legal and tax matters. Further, ratings are inherently forward-looking and embody assumptions and predictions about future events that by their nature cannot be verified as facts. As a result, despite any verification of current facts, ratings can be affected by future events or conditions that were not anticipated at the time a rating was issued or affirmed.

    Fitch seeks to continuously improve its ratings criteria and methodologies, and periodically updates the descriptions of its criteria and methodologies for securities of a given type on the Properties. The criteria and methodology used to determine a rating action are those in effect at the time the rating action is taken, which is the date of the related rating action commentary. Each rating action commentary provides information about the criteria and methodology used to arrive at the stated rating, which may differ from the general criteria and methodology for the applicable security type posted on this site at a given time. For this reason, you should always consult the applicable rating action commentary for the most accurate information on the basis of any given rating.

    CUSIP Database Representations. (a) You agree and acknowledge that the CUSIP Database is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agree that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief. (b) You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal internal processing of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP descriptions or numbers for any other third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, ELECTRONIC and/or CD-ROM SERVICES. (c) NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. (d) You agree that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

    EXCEPT AS OTHERWISE PROVIDED PURSUANT TO AN AGREEMENT, THE INFORMATION PROVIDED ON EACH PROPERTY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND FITCH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. Under no circumstances shall Fitch have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error or other circumstance or contingency within or outside the control of Fitch or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, editing, transcription, transmission, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory, or incidental damages whatsoever (including without limitation, lost profits) with respect to the foregoing.

    Each user of a Property acknowledges that a Fitch rating is an opinion as to the creditworthiness of a security. This opinion is based on established criteria and methodologies that Fitch is continuously evaluating and updating. Therefore, ratings are the collective work product of Fitch and no individual, or group of individuals, is solely responsible for a rating. The rating does not address the risk of loss due to risks other than credit risk, unless such risk is specifically mentioned. Fitch is not engaged in the offer or sale of any security. All Fitch reports have shared authorship. Individuals identified in a Fitch report were involved in, but are not solely responsible for, the opinions stated therein. The individuals are named for contact purposes only. A report providing a Fitch rating is neither a prospectus nor a substitute for the information assembled, verified and presented to investors by the issuer and its agents in connection with the sale of the securities. Ratings may be changed or withdrawn at any time for any reason in the sole discretion of Fitch. Fitch does not provide investment advice of any sort. Fitch is not responsible for any underwriting, credit, loan, purchase, strategic or investment decision. In issuing and/or maintaining a rating, Fitch is not making any recommendation or suggestion, directly or indirectly to you, or any other person, to buy, sell, make or hold any investment, loan or security or to undertake any investment strategy with respect to any investment, loan or security of any issuer. Ratings do not comment on the adequacy of market price, the suitability of any investment, loan or security for a particular investor (including, without limitation, any accounting and/or regulatory treatment), or the tax-exempt nature or taxability of payments made in respect to any investment, loan or security.

    ANY PERSON OR ENTITY WHO USES A RATING DOES SO ENTIRELY AT HIS, HER OR ITS OWN RISK. SHOULD ANY SUCH PERSON OR ENTITY BE ENTITLED TO RECOVER DAMAGES FROM FITCH UNDER ANY LEGAL THEORY, SUCH PERSON OR ENTITY AGREES, TO THE EXTENT PERMITTED BY LAW, THAT THE TOTAL LIABILITY OF FITCH IN CONNECTION WITH SUCH RATING IS LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED THREE TIMES THE NET FEES RECEIVED BY FITCH WITH RESPECT TO SUCH RATING.

    Fitch receives fees from issuers, insurers, guarantors, other obligors, and underwriters for rating securities. Such fees generally vary from US$1,000 to US$750,000 (or the applicable currency equivalent) per issue. In certain cases, Fitch will rate all or a number of issues issued by a particular issuer, or insured or guaranteed by a particular insurer or guarantor, for a single annual fee. Such fees are expected to vary from US$10,000 to US$1,500,000 (or the applicable currency equivalent). The assignment, publication, or dissemination of a rating by Fitch shall not constitute consent by Fitch to use its name as an expert in connection with any registration statement filed under the United States securities laws, the Financial Services and Markets Act of 2000 of Great Britain, or the securities laws of any particular jurisdiction. Due to the relative efficiency of electronic publishing and distribution, Fitch research may be available to electronic subscribers up to three days earlier than to print subscribers. Users may, through hypertext or other computer links, gain access to third party sites on the World Wide Web which contain information that is not part of the Fitch. Information or users of third party sites may, through hypertext or other computer links, gain access to this Fitch Property. The appearance of a Fitch hyperlink on a third party site does not mean that Fitch consented to such hyperlink. Users and third parties are prohibited from establishing hyperlinks to or away from this Property, unless Fitch provides prior written consent (which it may or may not provide in its sole discretion). The user agrees that regardless of whether a hyperlink to or from a third party website exists, Fitch is not responsible for the content of any third party websites either those third party sites accessed from a Property or those third party sites used to access this Property and Fitch shall have no liability to any person or entity therefore. Moreover, the user agrees (a) to hold Fitch harmless for the use of third party software on a Fitch Property and (b) that Fitch shall have no liability whatsoever to any person or entity for the accuracy and/or completeness of any outcome resulting from the use of such software.

    For the purpose of these Terms of Use, “Affiliate” means any entity which, directly or indirectly, Control, is Controlled by, or is under common Control with another entity. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through record or beneficial ownership of voting securities, by contract, or otherwise.

    These Terms of Use are governed by the laws of the State of New York, USA, exclusive of its choice of law principles. Any controversy, claim or dispute arising out of or relating to these Terms of Use shall be settled solely and exclusively by individual binding arbitration in New York City, New York.  Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association.  Each party shall bear its own attorney’s fees and expenses.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive.  All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend the terms of these Terms of Use.  The arbitrator shall be required to follow applicable law.  You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.    
    IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.  You and Fitch (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms of Use shall be brought in the federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms of Use are performed in the State of New York and shall be governed by the laws of New York. You and Fitch both agree that no lawsuit dispute or any other legal proceeding  connected with these Terms of Use shall be brought or filed more than six months after the incident giving rise to the claim occurred.  PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Fitch will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    We will update these Terms of Use from time to time to reflect changes in our business practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version of these Terms of Use and indicate at the top of the Terms of Use when they were most recently updated. Your use of the Terms of Use will be governed by the then-current version of the Terms of Use.

    If there is any conflict between these Terms of Use and a specific contract between You and Fitch, then the terms of the specific contract shall prevail over these Terms of Use. To review a copy of the Fitch Privacy Policy, please see Privacy Policy.


    BMI RESEARCH -- TERMS OF USE

    Related Policies:

    Fitch Group, Inc. Privacy Policy (“Privacy Policy”)

    Fitch Group, Inc. Cookie Policy (“Cookie Policy”)

    Use of this website, bmiresearch.com, signifies your full agreement to the Terms of Use. Please read these terms carefully before you use the website. This website, bmiresearch.com, is owned and operated by Business Monitor International Limited, trading as BMI Research, and the contents of the site, including all intellectual property, trademarks, logos, design and text, are the exclusive property of Business Monitor International Limited, trading as BMI Research, and are protected, throughout the world, without limitation, pursuant to copyright and trademark laws. No materials from bmiresearch.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part, without the prior written permission and consent of Business Monitor International Limited, trading as BMI Research, which permission and consent, if and as individually granted under specific terms and conditions of use, in no way compromises the copyright, trademark and proprietary rights of Business Monitor International Limited, trading as BMI Research, all of which are left intact and unaltered at all times. Use of the materials contained on this website, or any other publication or service owned by Business Monitor International Limited, trading as BMI Research, on any other website, is strictly prohibited.

    Disclaimer

    Business Monitor International Limited, trading as BMI Research and its subsidiary companies (together 'BMI') makes no representations or warranties, and accepts no liability of any kind for any loss or damages resulting from the use of this site or any materials contained on it, which are provided 'as is' and 'as available'. BMI makes no representations or warranties that the materials on this site are error-free, or that they are fit for any particular purpose or requirements. Nor does it warrant the mechanical operation of bmiresearch.com or any of its contents. No statement on this website is to be construed as a recommendation to buy or sell assets, or to provide investment advice. The Subscriber has purchased a non-transferable, non-exclusive, license to access specific BMI Online Services, which will be subject to the following terms and conditions. The 'content' within the database is also referred to in this agreement as 'material', 'intellectual property' 'report' and 'data'. Once your organisation, or a person within it, has had access to any Content subject to these conditions, you are agreeing that your organisation is deemed to be aware of, and consents to, this Agreement.

    License Agreement for the Supply of BMI Online Information Services

    1. AVAILABILITY OF SERVICES

    BMI will use reasonable endeavours to ensure that the Services will be made available to the Subscriber 24 hours per day throughout the Subscription Period ('Normal Service Availability'). However BMI reserves the right, a) to vary the Normal Service Availability in any way provided it gives the Subscriber 48 hours notice of its intention to do so. b) to suspend the Services temporarily in the event of technical difficulties or other circumstances beyond the reasonable control of BMI. In the event of any such variation or suspension of Services BMI will use all reasonable endeavours to resume Normal Service Availability as soon as practicable but shall not be liable for any loss, damage or claim caused by such variation or suspension.

    1. AUTHORISED USE OF SERVICES

    Access to the Services is restricted to the specific named users as identified to BMI. The subscriber will notify BMI as soon as a user has left the company, or no longer requires access, so that a replacement user can be assigned access during the term of the agreement. The Subscriber also warrants that: it shall ensure that any user name, Password or other identification measure employed to access the Services is not disclosed to any person other than the persons authorised to access the same; and all authorised persons will use the Services only in accordance with this Agreement; and its information technology systems and paper record systems are secure and not capable of penetration (including by 'hacking' or physically) by unauthorised persons and that all data derived from the Services shall be kept secure; and it shall comply with all applicable laws and regulations relating to the activities contemplated under this Agreement, in particular the Data Protection Acts 1984 and 1998.

    1. OWNERSHIP OF INTELLECTUAL PROPERTY

    The Subscriber acknowledges that:

    • all Intellectual Property Rights (IPR) (including all patents, copyrights, rights in software, design rights, trademarks, service marks, trade secrets, know-how, database rights, domain names, and all other intellectual or industrial property rights (whether registered or unregistered)) and all applications for the same, anywhere in the world) in the Services, the information contained therein, in all documentation, training materials and related matter, and in all parts thereof, are owned by BMI;
    • that it does not have any IPR nor any other proprietary interests in the Services, or in any data or material contained in it; and
    • except as expressly permitted in this Agreement, nothing herein shall be taken as conferring by implication, estoppel or otherwise any license or right to use any IPR in the Services without the prior written approval of BMI or third parties who may own such IPR.

    The Subscriber undertakes that it will not copy, reproduce, extract or transmit in any form or otherwise deal with in any way, the whole or part of the data, materials or information contained in the Services except as provided in sub-clauses below.

    Unless otherwise agreed in writing in advance by BMI, the material (in whole or in part) may not be sold, nor passed on, communicated, or disseminated in any form, nor access granted to any third party (including but not limited to clients/potential clients/suppliers/agents/partners in other ventures/accountants/solicitors/bankers/ brokers/licensees),nor to any subsidiary, associated or holding company (whether direct or indirect) of the subscriber, whether trading or non-trading, or to any entity trading under the same umbrella trading name where the direct equity interest is different in any way to that of the subscriber.

    The Subscriber may only use the Services in the course of its own normal day-to-day business. Subscriber may not pass materials to clients and prospects unless done so as part of a presentation or similar, where BMI is referenced as owner of all copyrights and intellectual property, and that passing material to third parties is carried out on an ad-hoc non-systematic basis.

    Where the Subscriber effectively copies, or has effectively copied, the intellectual property onto a hard disk, file server or equivalent at its own premises for ease of use, reference or any other reason, it is hereby agreeing to limit access to the nominated users unless otherwise agreed in writing, and upon payment of additional fees to BMI.

    Subscriber may distribute copies in paper and/or electronic form of material so long as all copies made are distributed within the immediate organisation of the Subscriber and the Subscriber acknowledges that any distribution to any third party outside of its organisation (including without limitation any subsidiary, associated or holding company of the Subscriber) then it will indemnify BMI against any claim arising from the unauthorised distribution and be liable for a sum equivalent to the loss in sales revenue (at the prevailing copy price per whole report or the rate card price for an annual subscription to the relevant database as published from time to time by BMI) caused by any unauthorised distribution of any part(s) of any report(s).

    The Subscriber, (or any subsequent user, whether licensed or unlicensed), will not place financial reliance upon any figure, statement or inference contained within any BMI's report or intellectual property, or invite investment from others, without first obtaining the written consent of BMI's company secretary so to do. In the event that the Subscriber (or any subsequent user, whether licensed or unlicensed) does not follow this procedure, it (or any subsequent user, whether licensed or unlicensed) agrees to fully and effectually indemnify BMI against any claims, howsoever arising.

    1. SUBSCRIPTION PRICE

    The subscription price excludes VAT (unless otherwise stated) and sales taxes, local and business taxes and all other charges that are the responsibility of the Subscriber. No deduction should be made in relation to payment of the subscription price except for withholding tax governed by a double tax treaty between the country of the Subscriber and the United Kingdom.

    1. PAYMENT

    The Subscriber undertakes to pay for the supply of the Services for the initial and any subsequent terms of the Agreement in accordance with clause 7, and the Subscriber undertakes to settle invoices issued by BMI in respect of the Services within 30 days of receipt, unless otherwise specifically agreed. If any payment is not made as due, then all outstanding amounts for the subscription shall immediately become due and payable. Failure to settle in full on these terms may lead to the imposition of interest charges upon the Subscriber at 6.5% per annum. BMI will not provide a pro rata refund once such a subscription has been made available to the subscriber, as all subscriptions will run their full term.

    1. LIMITATION ON LIABILITY

    i) Except as provided in clause 6 (ii), all conditions and warranties whether express or implied by statute or otherwise (including but not limited to those as to description, merchantability or fitness for purpose) are excluded from this agreement.

    ii) In particular whilst BMI aims to ensure that material contained within the Services is accurate ad complete, BMI gives no warranty, express or implied, that the material supplied as part of the Services is suitable for any particular purpose, nor that it is complete, correct, or up to date.

    iii) BMI will use all reasonable efforts to ensure that the Services and any software relating thereto provided by BMI will perform in accordance with any BMI user guide that is available. In the event of an established failure of the Services, BMI's obligation shall be limited to using its reasonable efforts to remedy any deficiencies in the relevant Services, or at its option, to cancelling, crediting or refunding all charges due from the Subscriber in respect of any period for which the Services have failed to perform correctly. The obligation to correct defects or cancel, credit or refund a proportionate part of the charges described above shall constitute the full extent of BMI's liability in respect of any loss or damage sustained by the Subscriber whether caused by breach of this Agreement, misrepresentation, negligence of BMI (or its employees or agents) or from any other cause, and in particular, BMI shall not be liable for any consequential, economic or other direct or indirect loss (including but not limited to any damages payable to a third party, loss of profits or wasted resources) suffered by the Subscriber, provided that if for any reason this provision is invalid or unenforceable, the maximum aggregate liability of BMI shall not exceed the total annual charges payable by the Subscriber for the Services. The foregoing exclusions and limitations of liability shall not apply in the case of death or personal injury.

    1. SUBSCRIPTION PERIOD & TERMINATION

    This agreement shall be for an initial minimum period of 12 months (unless otherwise agreed in writing). The subscription shall be automatically renewed on the last day of the agreement, for a further twelve month period. The Subscriber may terminate the subscription by serving notice, in writing, no less than 60 days prior to the end of either the initial period or any subsequent periods thereafter, allowing the agreement between BMI and the subscriber to expire on the last day of the term where notice has been served. BMI may also notify the subscriber at any time, during the term of the current agreement of any changes in the cost to the subscriber for the use of the online services BMI offer during the subsequent term.

    BMI may terminate this Agreement, with immediate effect and without notice, in the event that the Subscriber has defaulted in the performance of any material provision contained in this agreement and (where capable of remedy) such default has not been remedied within 30 days after written notice thereof shall have been given to the defaulting party. Termination of this Agreement for any reason shall not affect BMI's right to recover any moneys due at the time of termination or to recover damages for any breach of contract before termination.

    1. CONFIDENTIALITY

    The Subscriber undertakes to keep confidential and not to disclose to any third party or to use itself, any confidential or secret information in any form directly or indirectly belonging or relating to BMI, its or their business affairs, disclosed by BMI or received by the Subscriber pursuant to or in the course of this Agreement ('Confidential Information').

    The Subscriber undertakes to disclose Confidential Information of BMI only to those of its officers, employees, agents and contractors to whom and to the extent to which disclosure is necessary for the purposes contemplated under this Agreement.

    The above obligations of confidentiality and non-use shall not apply to information or material:

    a) which is named by the Subscriber prior to receipt from BMI as evidence by documents in the possession of the Subscriber at the time of disclosure; b) which, after receipt from BMI, is disclosed to the Subscriber by a third party having the legal right to do so; c) which is available to the public at the time of receipt of BMI; or (d) which becomes available to the public after receipt from BMI through no fault of the Subscriber.

    1. FORCE MAJEURE

    No party shall be liable to the other for the delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including without limitation, any of the following: act of God, government act, war, fire, flood, explosion or civil commotion.

    1. WAIVER

    No forbearance or delay by BMI in enforcing its rights will prejudice or restrict the rights of BMI, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

    1. NO ASSIGNMENT

    The benefit of this Agreement may not be assigned in whole or in part by the Subscriber without the prior written consent of BMI.

    1. ENTIRE AGREEMENT

    This Agreement constitutes the whole agreement between BMI and the Subscriber relating to BMI services. If there is any conflict between this Agreement and a specific contract between BMI and Subscriber, then the terms of the specific contract shall prevail over this Agreement.

    1. INVALIDITY

    If any party of this Agreement shall be held unenforceable the rest of the Agreement shall nevertheless remain in full force and effect.

    1. LAW GOVERNING THE TERMS

    These Terms of Use are governed by the laws of England & Wales, exclusive of its choice of law principles.  Any controversy, claim or dispute arising out of or relating to these Terms of Use shall be settled solely and exclusively by individual binding arbitration in London, England.  Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the London Court of International Arbitration (LCIA).  Each party shall bear its own attorney’s fees and expenses.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive.  All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend the terms of these Terms of Use.  The arbitrator shall be required to follow applicable law.  You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns (in each case as may be applicable). IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. 

    1. JURISDICTION

    You (a) agree that any claim, action or legal proceeding arising out of or relating to these Terms of Use shall be brought in the courts of England & Wales; (b) consent to the jurisdiction of each such court in any claim, action or proceeding; (c) waive any objection to the laying of venue of any such claim, action or proceeding in any of such courts; and (d) agree that these Terms of Use are performed in England & Wales and shall be governed by the laws of England & Wales. You agree that no claim or any other legal proceeding  connected with these Terms of Use shall be brought or filed more than six months after the incident giving rise to the claim occurred.  PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. You will not seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW

    1. PRIVACY POLICY

    To review a copy of the BMI Privacy Policy, please see Privacy Policy.

     


    FITCH LEARNING --TERMS OF USE

    Related Policies:

    Fitch Group, Inc. Privacy Policy (“Privacy Policy”)

    Fitch Group, Inc. Cookie Policy (“Cookie Policy”)

     

    I. Fitch Learning main website: www.fitchlearning.com

    Disclaimer & Privacy Policy

    WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

    IMPORTANT NOTICE:  Certain provisions of the Website Disclaimer and Privacy Policy differ for residents of the Americas.  Please see the end of these terms for the particular provisions that apply to you if you are located in the Americas.

    1. WEBSITE DISCLAIMER

    Welcome to the www.fitchlearning.comwww.fitchexamprep.com and www.thefitchgroup.com/privacy websites, collectively, the website (the “Website”). The Website is operated by Fitch 7city Learning Limited trading as Fitch Learning, a company registered in England with company number 03928976, and its subsidiaries and affiliates (“we”, “us”, “our” or “Fitch Learning”). Our registered office is at 30 North Colonnade, London, E14 5GN and our VAT registration number is 918160136. The following paragraphs indicate what your visit means both for us and for you.
    These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 25th May 2018.

    2. ACCESS TO WEBSITE

    We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.

    We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

    3. REGISTERING AN ACCOUNT

    When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

    4. CLOSING AN ACCOUNT

    If you wish to close an account you have registered with us, then you may do so by emailing our client services team at clientservices@fitchlearning.com. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate. Should we close your account, we will provide you notice of such closure.

    5. RESTRICTIONS ON USE

    Except to the extent permitted by these Terms you are not allowed to:

    • use the Website and anything available from the Website for unlawful purposes;
    • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
    • reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
    • store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
    • remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
    • use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
    • otherwise do anything not expressly permitted by these Terms.
    6. INTELLECTUAL PROPERTY

    We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, license or publish it, in whole or in part, for any purpose without our prior written consent.

    In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

    7. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes. Nothing in these Terms shall exclude or limit our liability to you:

    • for death or personal injury caused by our negligence;
    • under Part 1 of the Consumer Protection Act 1987;
    • for fraudulent misrepresentation; or
    • for any other liability that may not, under English law, be excluded or limited.

    Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme. The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    8. FILMING AND PHOTOGRAPHY

    During the course or event, some filming or photography may take place. The video footage or photographs are captured by members of the Fitch Learning team and used only by the Fitch Learning team as part of the Fitch Learning materials, and in any marketing, or related endeavours.

    If you partake in any filming or photographs you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by Fitch Learning, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless Fitch Learning from any claims or actions that arise as a result of this production.

    If you do not wish to be filmed or photographed, please could you inform us in advance of the course if possible and also on the first day of the course.

    9. FITCH GROUP TERMS OF USE - VERSION 2 1MAY2018

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain. No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

    You may not sub-license or assign any of the rights or obligations under these Terms. We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    9. FITCH GROUP TERMS OF USE - VERSION 2 1MAY2018

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    10. LAW GOVERNING THE TERMS

    Uses of this Website and these Terms shall be subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

    11. JURISDICTION

    The Courts of England and Wales shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

    12. CONTACTING US

    Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at marketing@fitchlearning.com.

    THE FOLLOWING PROVISIONS APPLY ONLY TO RESIDENTS OF THE AMERICAS AND REPLACE ANY ABOVE PROVISION WITH THE SAME HEADING.

    13. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes. Nothing in these Terms shall exclude or limit our liability to you for any liability that may not, under the laws of the State of New York, be excluded or limited.

    Subject to the above, in no event do we accept any liability (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.

    The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    14. GENERAL

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    15. LAW GOVERNING THE TERMS

    The Website and these Terms are governed by the laws of the State of New York, USA, exclusive of its choice of law principles.

    16. JURISDICTION

    Any controversy, claim or dispute arising out of or relating to the Course shall be settled solely and exclusively by individual binding arbitration in New York City, New York. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association. Each party shall bear its own attorney’s fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms. The arbitrator shall be required to follow applicable law. You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. You and Fitch Learning (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms shall be brought in the federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms are performed in the State of New York and shall be governed by the laws of New York. You and Fitch Learning both agree that no lawsuit dispute or any other legal proceeding connected with these Terms shall be brought or filed more than six months after the incident giving rise to the claim occurred. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fitch Learning will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

    II. Certificate in Quantitative Finance: http://www.cqf.com

    WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

    IMPORTANT NOTICE: Certain provisions of the Website Disclaimer and Privacy Policy differ for residents of the Americas. Please see the end of these terms for the particular provisions that apply to you if you are located in the Americas.

    1. WEBSITE DISCLAIMER

    Welcome to the www.cqf.com website and the www.thefitchgroup.com/privacy websites, collectively, the website (the “Website”). The Website is operated by Fitch 7city Learning Limited trading as Fitch Learning, a company registered in England with company number 03928976, and its subsidiaries and affiliates (“we”, “us”, “our” or “Fitch Learning”). Our registered office is at 30 North Colonnade, London, E14 5GN and our VAT registration number is 918160136. The following paragraphs indicate what your visit means both for us and for you.

    These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 25th May 2018.

    2. ACCESS TO WEBSITE

    We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.

    We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

    3. REGISTERING AN ACCOUNT

    When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

    4. CLOSING AN ACCOUNT

    If you wish to close an account you have registered with us, then you may do so by emailing our client services team at info@cqf.com. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate. Should we close your account, we will provide you notice of such closure.

    5. RESTRICTIONS ON USE

    Except to the extent permitted by these Terms you are not allowed to:

    • use the Website and anything available from the Website for unlawful purposes;
    • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
    • reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
    • store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
    • remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
    • use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
    • otherwise do anything not expressly permitted by these Terms.
    6. INTELLECTUAL PROPERTY

    We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.

    In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

    7. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes.

    Nothing in these Terms shall exclude or limit our liability to you:

    • for death or personal injury caused by our negligence;
    • under Part 1 of the Consumer Protection Act 1987;
    • for fraudulent misrepresentation; or
    • for any other liability that may not, under English law, be excluded or limited.

    Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme.

    The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    8. FILMING AND PHOTOGRAPHY

    During the course or event, some filming or photography may take place. The video footage or photographs are captured by members of the Fitch Learning team and used only by the Fitch Learning team as part of the Fitch Learning materials, and in any marketing, or related endeavours.

    If you partake in any filming or photographs you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by Fitch Learning, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless Fitch Learning from any claims or actions that arise as a result of this production.

    If you do not wish to be filmed of photographed, please could you inform us in advance of the course if possible and also on the first day of the course

    9. GENERAL

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    10. LAW GOVERNING THE TERMS

    Uses of this Website and these Terms shall be subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

    11. JURISDICTION

    The Courts of England and Wales shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

    12. CONTACTING US

    Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at info@cqf.com

    THE FOLLOWING PROVISIONS APPLY ONLY TO RESIDENTS OF THE AMERICAS AND REPLACE ANY ABOVE PROVISION WITH THE SAME HEADING.

    13. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes.

    Nothing in these Terms shall exclude or limit our liability to you for any liability that may not, under the laws of the State of New York, be excluded or limited.

    Subject to the above, in no event do we accept any liability (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.

    The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    14. GENERAL

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    15. LAW GOVERNING THE TERMS

    The Website and these Terms are governed by the laws of the State of New York, USA, exclusive of its choice of law principles.

    16. JURISDICTION

    Any controversy, claim or dispute arising out of or relating to the Course shall be settled solely and exclusively by individual binding arbitration in New York City, New York. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association. Each party shall bear its own attorneys’ fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms. The arbitrator shall be required to follow applicable law. You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.  

    IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. You and Fitch Learning (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms shall be brought in the federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms are performed in the State of New York and shall be governed by the laws of New York.

    You and Fitch Learning both agree that no lawsuit dispute or any other legal proceeding connected with these Terms shall be brought or filed more than six months after the incident giving rise to the claim occurred. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fitch will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

    III. Cognition/CFA exam prep: https://www.fitchexamprep.com

    DISCLAIMER & PRIVACY POLICY & TERMS OF USE

    This website contains only links to the main website www.fitchlearning.com and www.thefitchgroup.com/privacy therefore the terms are the same as those listed in this document at I.1.

     

    IV. CQF Institute: https://www.cqfinstitute.org

    WEBSITE TERMS & CONDITIONS OF USE AND PRIVACY POLICY IMPORTANT NOTICE: Certain provisions of the Website Disclaimer and Privacy Policy differ for residents of the Americas. Please see the end of these terms for the particular provisions that apply to you if you are located in the Americas.

    1. WEBSITE DISCLAIMER

    Welcome to the www.cqfinstitute.org and the www.thefitchgroup.com privacy websites, collectively, the website (the “Website”). The Website is operated by Fitch 7city Learning Limited trading as Fitch Learning, a company registered in England with company number 03928976, and its subsidiaries and affiliates (“we, “us”, or “our”). Our registered office is at 30 North Colonnade, London, E14 5GN and our VAT registration number is 918160136. The following paragraphs indicate what your visit means both for us and for you.

    These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 25th May 2018.

    2. ACCESS TO WEBSITE

    We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.

    We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

    3. REGISTERING AN ACCOUNT

    When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

    4. CLOSING AN ACCOUNT

    If you wish to close an account you have registered with us, then you may do so by emailing our client services team at cqfinstitute@fitchlearning.com We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate. Should we close your account, we will provide you notice of such closure.

    5. RESTRICTIONS ON USE

    Except to the extent permitted by these Terms you are not allowed to:

    • use the Website and anything available from the Website for unlawful purposes;
    • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
    • reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
    • store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
    • remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
    • use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
    • otherwise do anything not expressly permitted by these Terms.
    6. INTELLECTUAL PROPERTY

    We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.

    In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

    7. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes.

    Nothing in these Terms shall exclude or limit our liability to you:

    • for death or personal injury caused by our negligence;
    • under Part 1 of the Consumer Protection Act 1987;
    • for fraudulent misrepresentation; or
    • for any other liability that may not, under English law, be excluded or limited.

    Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme.

    The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    8. FILMING AND PHOTOGRAPHY

    During the course or event, some filming or photography may take place. The video footage or photographs are captured by members of the Fitch Learning team and used only by the Fitch Learning team as part of the Fitch Learning materials, and in any marketing, or related endeavours.

    If you partake in any filming or photographs you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by Fitch Learning, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless Fitch Learning from any claims or actions that arise as a result of this production.

    If you do not wish to be filmed or photographed, please could you inform us in advance of the course if possible and also on the first day of the course.

    9. GENERAL

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    10. LAW GOVERNING THE TERMS

    Uses of this Website and these Terms shall be subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

    11. JURISDICTION

    The Courts of England and Wales shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

    12. CONTACTING US

    Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at cqfinstitute@fitchlearning.com

    THE FOLLOWING PROVISIONS APPLY ONLY TO RESIDENTS OF THE AMERICAS AND REPLACE ANY ABOVE PROVISION WITH THE SAME HEADING.

    13. EXCLUSION OF LIABILITY

    The information contained in this website is only for informational purposes.

    Nothing in these Terms shall exclude or limit our liability to you for any liability that may not, under the laws of the State of New York, be excluded or limited.

    Subject to the above, in no event do we accept any liability (whether such liability arises as a result of   breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

    • loss of business;
    • loss of revenue;
    • loss of profits;
    • loss of anticipated savings;
    • special loss; or
    • consequential loss.

    We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.

    The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

    The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

    14. GENERAL

    If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

    If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

    You may not sub-license or assign any of the rights or obligations under these Terms.

    We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

    15. LAW GOVERNING THE TERMS

    Uses of this Website and these Terms shall be subject to the laws of the State of New York which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

    16. JURISDICTION

    The state or federal courts located in the State of New York, County of New York shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.